1778.
By the Court:—To prove the Defendant’s confeſſion by two witneſſes is certainly not ſufficient, under the ſtatute, to convict him. But a confeſſion after the fact, is proof of the fact itſelf; and though not competent alone to ſupply the want of two witneſſes, yet it is good by way of corroboration: And, therefore, if an overt act has been proved in the county of Cheſter by two witneſſes, the evidence now offered will be proper, in confirmation of their teſtimony.
One of the overt acts, then, laid in the indictment, is aiding and aſſiſting the enemy by joining their armies, and this has been legally and ſatisfactorily proved. Notwithſtanding, therefore, the other overt act of giving intelligence to the enemy, is not ſupported by any evidence, but the Defendant’s own confeſſion now offered, and which is in that reſpect inſufficient; yet, it may be produced to ſubtantiate another ſpecies of treaſon; and on that ground we now admit it to be proved. See Foſter 10. 244. 5. Bacon’s Abr, 145. Gregg’s Caſe. 2 Hawk. 442.
The Attorney General and Reed, for the Commonwealth—Roſs and Wilſon, for the Defendant.
The prſoner being convicted by the Jury, his counſel moved the Court to ſet aſide the verdict, and grant a new trial, becauſe he was adviſed, “that the evidence given reſpecting his declarations, or confeſſions, was altogether illegal, and ought not to have been allowed.”
After argument, by the ſame counſel, on both ſides, the motion was refuſed by the Court, who gave judgment for the Commonwealth; and the Defendant, a ſhort time afterwards, was, accordingly, executed.
